From love to wound: Domestic violence and the forfeiture of parental rights

Abstract

Background: This paper aims to investigate the juridical foundation and the ethical reasoning behind the termination of parental rights due to domestic violence, using the best interest of the child as its compass, and mapping the disparity between legal norms and judicial practice. The method employed is normative-doctrinal legal research based on a literature study of the Law on the Elimination of Domestic Violence, the Marriage Law, the Child Protection Law, selected jurisprudence, and scholarly literature. Methods: The data were analyzed qualitatively through systematic interpretation, argumentative construction, and linkage to the factual impact of domestic violence on children. Findings: The results indicate that positive law provides a firm basis for sanctions and protection, including the restriction of interaction and the termination of custody rights. However, implementation is often hampered by the ambiguity in proving psychological abuse, the victim's economic dependence, and the weak enforcement of child support. Effective termination of parental rights is shown to break the cycle only when accompanied by a protection order, a post-judgment parenting plan, and sustained psychosocial support. Conclusion: Policy implications encompass guidelines for proving coercive control, expanding access to time-sensitive protection orders, integrating trauma-informed services within religious courts, and establishing child support enforcement mechanisms that do not burden the victim. Novelty/Originality of this article: Furthermore, schools, public health centers, and communities are highlighted as critical nodes for early detection. Ultimately, the work of law and the social network converge on one simple goal: ensuring that the home once again signifies a safe place of return for the child.